Journal, July 1759: Volume 66

Journal, July 1759

fo. 191.

Tuesday, July 3. Present:—Earl of Halifax, Mr. Oswald.

Virginia.

Antigua.

Montserrat.

The draught of a Representation to His Majesty upon the Petition and Address of the clergy of Virginia, complaining of an Act passed in that colony in October, 1758, having been prepared pursuant to order, was agreed to, and ordered to be transcribed; as were also the draughts of two Representations to His Majesty, proposing the confirmation of an Act passed in the island of Antigua in 1744, and of one passed in the island of Montserrat in 1754.

Jamaica.

fo. 192.

Read a Report of Sir Matthew Lamb upon the case of Mr. Moore's Commission to be Lieutenant Governor of Jamaica, referred to him the 19th ult.

Ordered, that the draught of a letter to the Governor of Jamaica, in answer to his of the 23rd of April last, be prepared.

Trade.

Africa.

Read a letter from Mr. Clevland, Secretary to the Lords of the Admiralty, to Mr. Pownall, dated June 27th, 1759, relating to the son of old King Lewis of Mesurada.

fo. 193.

Ordered, that the Secretary do acquaint the Committee of the Company of Merchants trading to Africa, that their lordships think it expedient, that they should take the son of the King of Mesurada under their care and protection, until an opportunity offers of sending him home to his parents.

Wednesday, July 4. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham.

Jamaica.

The draught of a letter to the Governor of Jamaica in answer to one from him, having been prepared pursuant to order, was agreed to, transcribed and signed.

Virginia.

Antigua.

Montserrat.

fo. 194.

The draughts of Representations to His Majesty upon the Address and Petition of the clergy of Virginia, and upon the Acts of Antigua and Montserrat, mentioned in the preceding minutes, having been transcribed, pursuant to order, were signed.

Nova Scotia.

Read a Memorial of Mr. Gould, executor to King Gould, some time agent to the 40th Regiment of Foot, then commanded by the Honorable Major General Cornwallis, relating to a sum of money due to him for the service of Nova Scotia; and inclosing
Account of the 40th Regiment of Foot in respect of its claim to the non-effective 4ds. from the 25th October, 1749, to 24th December, 1750.

fo. 195.

Ordered, that the balance of the above mentioned account be inserted in the next Memorial, which the agent for Nova Scotia shall prepare to be presented to the Lords Commissioners of the Treasury for the issue of any part of the grant of Parliament for the service of Nova Scotia.

Friday, July 6. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham.

Miscellanies.

The Secretary laid before the Board an account of the petty expences and incidental charges of this office from the 5th of April to the 5th of July, 1759, amounting to three hundred, ninety eight pounds, fifteen shillings and three pence; and a letter to the Lords of the Treasury, desiring payment of the same, and of the salaries due to the Secretary and under officers in the service of this Board for the same time, was signed.

fo. 196.

Wednesday, July 11. Present:—Earl of Halifax, Mr. Oswald.

Jamaica.

Read a letter from George Haldane Esqr., Governor of Jamaica, to the Board, dated May 11th, 1759, relating to a plan laid by the Indians on the Mosquetto shore to destroy some forts in the Bay of Honduras, and to other matters of government; and inclosing
Address from the Town of Kingston to Governor Haldane; and the Governor's Answer.
Jamaica.
The Governor's Speech to the Council and Assembly on 1st May, 1759; the Council's Address to the Governor; his Answer; and the dissent of three of the Council.
fo. 197.
The Address of the Assembly to the Governor; and his Answer.
Governor's Speech to the Council and Assembly at the close of the session.
Minutes of Council of the 11th and 18th of April and 3rd May, 1759.
Minutes of Council in Assembly from the 1st to the 5th of May, 1759.
Minutes of Assembly for the same time.
Three Acts passed, May 5th, 1759.
Petition of four Members of the Council to His Majesty, representing their reasons for disputing the validity of Mr. Moore's Commission as Lieutenant Governor.

fo. 198.

Ordered, that the above mentioned Acts be sent to Sir Matthew Lamb for his opinion upon them in point of law.

Ordered, that the Secretary do write to Mr. Gregory, Mr. Morant and Mr. Dawkins, members of His Majesty's Council in the Island of Jamaica, now in England, to desire they would inform the Board, whether they have any intention of returning to that island; and, if they have, how soon.

The abovementioned Address and Petition of several Members of the Council in the island of Jamaica appearing to be the original, a Representation to His Majesty humbly to lay the same before His Majesty was signed.

South Carolina.

fo. 199.

Read a letter from William Henry Lyttelton, Esqr., Governor of South Carolina, to the Board, dated May 8th, 1759, relative to Indian affairs, and to some difficulties arising to captains of His Majesty's ships of war from the Act of 6th of Queen Anne for the Encouragement of the Trade to America.

Georgia.

Read the following letters and papers received from Henry Ellis Esqr., Governor of Georgia, viz.
Letter from Mr. Ellis to the Board, dated 1st March, 1759, relative to the removal of the inhabitants of New Hanover.
Report of James Edward Powell to Governor Ellis, containing an account of his proceedings with the people of New Hanover.
fo. 200.
Letter from Mr. Ellis to the Board, dated March 15th, 1759, containing observations on the following Bill, and on the temper of the Assembly.
Copy of a Bill to ascertain the manner and form of electing members to represent the inhabitants of this Province in the Commons House of Assembly, and to direct who shall be capable of choosing or being chosen members of the said House, and for limiting the time of their sitting.
Address of the Commons House of Assembly to Governor Ellis on his refusing his Assent to the said Bill.
Letter from Governor Ellis to the Board, dated April 24th, 1759, in answer to two of their letters of the 21st of April and 24th of November, 1758.
fo. 201.
Minutes of Council from October 25th to December 6th, 1757.
Journal of Council in Assembly from January 11th to March 15th, 1758.
Fourteen Acts passed on the 27th of March, 1759.

Ordered, that the said Acts be sent to Sir Matthew Lamb for his opinion upon them in point of law.

Wednesday, July 18. Present:—Earl of Halifax, Mr. Oswald, Mr. Pelham, Mr. Hamilton.

Jamaica.

fo. 202.

Read a letter from John Gregory, Esqr., a member of the Council of Jamaica, to Mr. Pownall, dated July 17th, 1759, desiring him to acquaint the Board, that he has no intention of returning to the said island, and recommending Mr. William Lewis to be of the Council in his stead.

South Carolina.

Their lordships took into consideration the several letters and papers received from the Governor of South Carolina since the Board's last letter to him; and after some time spent therein, the draught of a letter to him, in answer thereto, was ordered to be prepared.

fo. 203.

Ordered, that the Secretary do transmit to the Secretary to the Lords Commissioners of the Admiralty an extract of so much of Mr. Lyttelton's letter of the 8th of May last, as relates to the difficulties, which the captains of His Majesty's ships labour under from the Act which prohibits impressing seamen in America.

Georgia.

Their lordships then took into consideration the several letters and papers, which have been received from the Governor of Georgia since the Board's last letter to him; and after some time spent therein, ordered the draught of a letter in answer thereto to be prepared.

North Carolina.

Their lordships then took into consideration an Act passed in the Province of North Carolina in December, 1757, intituled,
fo. 204.
An Act to dock the Entail of certain Lands now in possession of Harding Jones under a Devise in the Will of Frederick Jones, Esqr. his Grandfather, deceased, by whom the same were entailed.
together with Sir Matthew Lamb's Report thereupon, and ordered the draught of a Representation to His Majesty to be prepared, proposing that it may be confirmed.

Trade.

Africa.

Read a letter from Mr. Poirier, Secretary to the Committee of the Company of Merchants trading to Africa, to Mr. Pownall, dated the 13th instant, signifying that the Committee will take care of the King of Mesurada's son, until a proper opportunity offers of sending him home; and inclosing
fo. 205.
List of the Committee of the Company of Merchants trading to Africa for the year 1759, as elected on the 3rd July, 1759.
Trade.
Africa.
Copies of a letter from Messrs. Thomas Westgate and Richard Brew to the Committee of the Company of Merchants trading to Africa, dated Cape Coast Castle, January 12th, 1759; John Hippisley to Thomas Herring, dated Anamaboo, February 14th, 1759; N. Senior, Esqr. to Mr. Thomas Westgate, dated Cape Coast Castle, December 6th, 1758.

Ordered, that the Secretary do give notice to the Committee of the Company of Merchants trading to Africa to attend the Board on Wednesday next, the 25th instant.

Virginia.

fo. 206.

Read a letter from Francis Fauquier, Esqr., Lieutenant Governor of Virginia, to the Board, dated May 9th, 1759, containing an account of the effect of an advertisement he has published relative to the fee of a pistole on patents for lands.

Tuesday, July 24. Present:—Earl of Halifax, Mr. Oswald, Mr. Rigby, Mr. Hamilton.

South Carolina.

Georgia.

The draughts of letters to the Governors of South Carolina and Georgia, in answer to several received from them, having been prepared pursuant to order, were agreed to, transcribed and signed.

North Carolina.

fo. 207.

The draught of a Representation to His Majesty, proposing the confirmation of a private Act passed in North Carolina in December, 1757, having been prepared pursuant to order, was agreed to, transcribed and signed.

Nova Scotia.

Read the following letters and papers received from the Governor of Nova Scotia, viz.:
Letter from Governor Lawrence to the Board, dated December 26th, 1758, relative to the proceedings of the Assembly, and other matters of government.
List of Acts passed between October 2nd and 21st December, 1758.
Proclamation dated October 12th, 1758, for encouraging the settlement of the vacated lands, and containing a description of them.
fo. 208.
Proclamation dated 14th November, 1758, respecting the reduction of the price of labour.
Letter from Governor Lawrence to the Board, dated February 5th, 1759, relative to settling the vacated lands.
Proclamation dated 11th January, 1759, containing the conditions of grants to be made of the vacated lands.
Letter from Governor Lawrence to the Board, dated April 20th, 1759, containing an account of his proceedings with regard to the said lands; and the hostilities of the Indians committed on the settlers at Lunenburg.
List of Acts passed in April, 1759.

New York.

fo. 209.

Read a letter from James Delancey Esqr., Lieutenant Governor of New York to the Board, dated June 23rd, 1759, inclosing
Extract of a letter from General Amherst, dated 8th June, 1759, to Lieutenant Governor Delancey, respecting the contractors' agents being unable to supply the sums necessary for carrying on the service.
Votes of the General Assembly from November 14th, 1758, to March 7th, 1759.
Seventeen Acts passed December 16th, 1758, and five passed March 7th, 1759.

New Jersey.

fo. 210.

Read a letter from Francis Bernard, Esqr., Governor of New Jersey, to the Board, dated June 15th, 1759, informing the Board, that the regiment of the colony is complete, and arrived at Albany; and that he has laid out a town amongst the Indians, greatly to their satisfaction; and inclosing
Minutes of Council from the 6th to the 19th March, 1759.
Votes of Assembly from the 8th to the 17th March, 1759.
Five Acts passed in 1759.

Nova Scotia.

Ordered, that the draught of a letter to the Governor of Nova Scotia, in answer to those received from him, be prepared.

New Jersey.

Ordered, that the above mentioned five Acts, received from the Governor of New Jersey, be sent to Sir Matthew Lamb for his opinion upon them in point of law.

fo. 211.

Wednesday, July 25. Present:—Earl of Halifax, Mr. Oswald.

Trade.

Africa.

fo. 212.

Several gentlemen of the Committee of the Company of Merchants trading to Africa, attending pursuant to notice given them for that purpose, they were called in; and being asked what steps they had taken in consequence of the letters and papers which they had received from Messrs. Westgate and Brew touching the misconduct of Mr. Petrie, Chief of Seccondee, and Mr. Hippisley, Chief of Tantumquerry, they informed their lordships, that they had resolved immediately to remove Mr. Hippisley; but that as the majority of the Council of Cape Coast Castle was of opinion to forgive Mr. Petrie's offence, they had acquiesced in that opinion, giving orders at the same time, that, if any officer should for the future offend against the Act of Parliament, such officer should be immediately suspended; their lordships approving, what they had done in this matter, they withdrew, having first laid before the Board the following paper, viz.:
Anno 1758. The Account of the Committee of the Company of Merchants trading to Africa, distinguishing every article of expence under its proper title.

Jamaica.

fo. 213.

Ordered, that the Secretary do write to the Attorney and Solicitor General to hasten their opinion upon the case of the Deputy Post Master of the Island of Jamaica, referred to them the 3rd of May last.

Barbados.

Their lordships then took into consideration an Act passed in the island of Barbados in 1757, intituled,
An Act additional to and explanatory of the Act, intituled, An Act for the better ordering and regulating of His Majesty's high and honourable Court of Exchequer and Pleas of the Crown in this Island, etc.
fo. 214.
together with Sir Matthew Lamb's Report thereupon; and the Secretary having acquainted the Board, that Mr. Joshua Sharpe had, in behalf of several patent officers of the island of Barbados, desired to be heard against the said Act before their lordships made any Representation upon it to His Majesty, their lordships agreed further to consider the said Act on Tuesday next; and the Secretary was ordered to give notice to Mr. Sharpe, and also to Mr. Pickering, agent for the island, to attend the Board on that day.

Jamaica.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 19th July, 1759, referring to this Board, for consideration and opinion, a Petition of four Members of the Council of Jamaica to His Majesty concerning the conduct of the Lieutenant Governor of that island, and the validity of his Commission.

fo. 215.

Their lordships taking the said Reference into consideration, after some time spent therein, ordered the draught of a Report thereupon to the Lords of the Committee of Council to be prepared.

Massachusetts.

Their lordships then took into consideration eighty nine Acts passed in the Province of the Massachusets Bay in 1756, 1757 and 1758, referred to the consideration of this Board by orders of the Lords of the Committee of Council for Plantation Affairs, dated the 9th May and 22nd December, 1758; and after some time spent therein, ordered the draught of a Report thereupon to the Lords of the Committee of Council to be prepared.

North Carolina.

fo. 216.

Read a letter from Arthur Dobbs Esqr., Governor of North Carolina, to the Board, dated the 18th of May, 1759, respecting his refusing his Assent to the Aid Bill, and observations upon two other lately passed; and inclosing
Address of the Council to the Governor.
Address of the Assembly to the Governor.
Governor Dobbs's Speech to the Assembly upon their Prorogation.
A Bill for granting an Aid to His Majesty to augment the troops now in the pay of this Province, etc.
Minutes of Council from 26th November to 23rd December, 1758.
Minutes of Assembly from 23rd November to 23rd December, 1758.
fo. 217.
Minutes of Council in Assembly from 23rd November to 23rd December, 1758.
Five Acts passed the 4th May, and twenty passed the 22nd December, 1758.

Ordered, that the said Acts be sent to Sir Matthew Lamb for his opinion upon them in point of law.

Ordered, that the draught of a letter to the Governor of North Carolina, in answer to the above, be prepared.

Virginia.

fo. 218.

Mr. Athawes, from the body of merchants trading to Virginia, attending without, was called in, and delivered to the Board a Memorial of the said merchants, complaining of an Act passed in Virginia in October, 1758, intituled, An Act to enable the inhabitants of this colony to discharge the publick dues, officers' fees and other tobacco debts in money for the ensuing year; and then he withdrew.

Their lordships having already made a Representation upon the said Act, agreed, that a copy of the said Memorial should be laid before His Majesty in Council, and accordingly ordered a Representation thereupon to be prepared.

Tuesday, July 31. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton.

Barbados.

fo. 219.

Their lordships took into further consideration the Act of Barbados for the better ordering and regulating the Court of Exchequer and Common Pleas in that island; and Mr. Joshua Sharpe, Solicitor in behalf of the Provost Marshall and of the Remembrancer of the Court of Exchequer in that island, and also Mr. Pickering, agent for the said island, attending without pursuant to order, they were called in; and their lordships having fully heard, what each party had to offer for and against the said Act, they withdrew; and their lordships agreed to suspend making any Report upon the said Act, until they should receive further information concerning the same from the Governor: and a letter to the Governor thereupon was ordered to be prepared.

Jamaica.

fo. 220.

Read a letter from Charles Pratt Esqr., His Majesty's Attorney General, to the Secretary, dated July 26th, 1759, acquainting him with the reason of his not having made his Report on the case of Mr. Dismore, Deputy Postmaster of Jamaica.

Read letters to the Secretary from Messrs. Dawkins and Morant, members of His Majesty's Council of the Island of Jamaica, now in England, signifying that they have no intention of returning to take their seats in the said Council. Whereupon a Representation to His Majesty, proposing that William Dandy Nedham and William Wynter, Esquires, may be appointed to supply the vacancies in the said Council, was signed.

fo. 221.

The draught of a Report to the Lords of the Committee of Council upon the Petition of four of the Members of the Council of Jamaica, respecting Mr. Moore's administration and the validity of his Commission as Lieutenant Governor, having been prepared pursuant to order, was agreed to, and ordered to be transcribed.

Massachusetts.

The draught of a Report to the Lords of the Committee of Council upon eighty nine Acts passed in the Massachusets Bay in 1756, 1757, and 1758, having been prepared pursuant to order, was agreed to, transcribed and signed.

Virginia.

fo. 222.

The draught of a Representation to His Majesty with the Memorial of the Merchants trading to Virginia, complaining of the Act passed there in October 1758, to enable the Inhabitants of that Colony to discharge the publick Dues, etc., in money for the ensuing Year, having been prepared pursuant to order, was agreed to, transcribed and signed.

Wednesday, August 1. Present:—Earl of Halifax, Mr. Oswald, Mr. Hamilton.

Nova Scotia.

North Carolina.

Barbados.

The draughts of letters to the Governors of Nova Scotia, North Carolina and Barbados, having been prepared pursuant to order, were agreed to, transcribed and signed.

Jamaica.

fo. 223.

The draught of a Report to the Lords of the Committee of Council upon the Petition of four of the Members of the Council of Jamaica, respecting the administration of Mr. Moore, and the validity of his Commission as Lieutenant Governor, having been transcribed pursuant to order, was signed.

North Carolina.

Georgia.

Jamaica.

Their lordships took into consideration the following Acts passed in North Carolina, Georgia and Jamaica, together with Sir Matthew Lamb's Reports thereupon, viz.:
An Act to impower the Justices of the Supreme Courts to take the Acknowledgment or Proof of Deeds, and for allowing them a Salary.
Passed in North Carolina in December, 1757.
fo. 224.
An Act to prevent private Persons from purchasing Lands from the Indians, and for preventing Persons trading with them, without Licence.
Passed in Georgia, February, 1758.
An Act for limiting the time for Persons claiming Lands by virtue of Warrants of Survey, Allotments, nominal Titles, or Possession derived from and under the late Honble. Trustees for establishing the Colony of Georgia, their President or Assistants, or any others acting by and under their Authority.
Passed in Georgia, March, 1758.
An Act for the setting mutual Debts one against the other.
Passed in Jamaica, November, 1757.
fo. 225.
and after some time spent therein, Representations to His Majesty, proposing that the said Acts of Georgia may be approved, and those of North Carolina and Jamaica disallowed, were signed.

Jamaica.

Leeward Islands.

The Secretary laid before the Board the following publick papers received from the Governors of Jamaica and the Leeward Islands; viz.:

Jamaica.

Minutes of Council from the 20th December, 1758 to the 17th March, 1759.
Minutes of Council in Assembly from the 13th to the 17th March, 1759.

Antigua.

Leeward Islands.

Minutes of Council from 3rd January to 28th June, 1758.
Minutes of Assembly from 20th September, 1757, to 6th July, 1758.
fo. 226.
Seven Acts passed in May, June, July and October, 1758.

St. Christopher's.

Minutes of Assembly from 22nd July, 1757, to 18th January, 1758.
Five Acts passed in November, 1757, April, June and August, 1758.

Nevis.

Minutes of Council, containing articles exhibited against Judge Herbert, and examinations thereupon; 1758.

Ordered, that the above mentioned Acts be sent to Sir Matthew Lamb for his opinion upon them in point of law.